On June 5, 2014, the New Jersey Senate Budget and Appropriations
Committee voted 10-1 to approve the Opportunity to Compete Act. The proposed bill would prohibit employers
with fifteen or more employees from inquiring about an applicant’s criminal
record during the initial employment application process. Dubbed “ban the box” legislation, the bill
would prohibit employers from including a check box on an application asking
about the applicant’s criminal background.
The legislation only covers the “initial employment
application process,” which is defined as the time period from when the
employee first inquires about an employment position through the employee’s
first interview with the employer. Only
upon the completion of the first interview would an employer be permitted to
inquire about the applicant’s criminal history under this proposed bill.
The bill creates exceptions for positions in law
enforcement, corrections, the judiciary, homeland security, and emergency
management. It also has an exception for
any position where a criminal background check is required by law, or where a
position is specifically designed to encourage employment of people who have
been arrested or convicted of a crime.
Under the proposed bill, an employer that violates the act
would face a civil penalty of up to $1000 for the first violation, up to $5000
for the second violation, and up to $10,000 for a third or subsequent violation. The bill does not create a private cause of
action.
Connell Foley’s labor and employment law attorneys will
continue to track this bill and inform employers of its progress through the
Legislature. If your company has any
questions about conducting background checks of applicants or employees, please
feel free to contact us for assistance.
